DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 06168-11
22 March 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 21 March 2012. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted
of your application, together with all material submitted in
support thereof, your naval record, and applicable statutes,
regulations, and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You entered active duty in the Marine Corps on 26 September
1989. On 7 December 1990, you received nonjudicial punishment
(NJP) for using coercive language to cause another to attempt to
perform indecent acts. On 3 January 1992, you commenced a
period of unauthorized absence (UA) for 71 days. On 31 March
1992, you began a two day period of UA. On 4 April 1992, you
began another two day period of UA. On 21 May 1992, you
submitted a request for a good of the service discharge in order
to avoid trial by court-martial for the periods of UA, and
wrongful use of cocaine and methamphetamines. Prior to
submitting this request for discharge, you conferred with a
qualified military lawyer, were advised of your rights, and were
warned of the probable adverse consequences of accepting such a
discharge. Your request for discharge was granted and on 2 July
1992, you received an other than honorable (OTH) discharge and
an RE-4 (not recommended for retention) reentry code for the
good of service to avoid trial by court-martial. As a result of
this action, you were spared the stigma of a court-martial
conviction and the potential penalties of a punitive discharge
and confinement at hard labor.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge, and upgrading your reentry code because of
your NJP, lengthy period of UA, drug use, and request for
discharge. The Board believed that considerable clemency was
extended to you when your request for discharge was approved.
The Board also concluded that you received the benefit of your
bargain with the Marine Corps when your request for discharge
was granted and should not be permitted to change it now.
Further, you are advised that there is no provision in the law
or Marine Corps regulations that allows for recharacterization
of your discharge automatically due solely to the passage of
time. Accordingly, your application has been denied. The names
and votes of the members of the panel will be furnished upon
request.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to have
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board. In this regard, it is important to keep in mind that
a presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
\e Dao PFE FRE
Executive D
NAVY | BCNR | CY2011 | 05287 11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 February 2012. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2012 | 01331-12
A three-member panel of the Board for Correction of Naval Records, Sitting in executive session, considered your application on 2 October 2012. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. However, your request for discharge was denied on 12 January 1977.
NAVY | BCNR | CY2011 | 04847-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 February 2012. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. On 19 May 1993, you submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court- Martial for the...
NAVY | BCNR | CY2012 | 00752-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 October 2012. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. In this regard, on 21 July 1976, you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial...
NAVY | BCNR | CY2009 | 03351-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 March 2010. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2007 | 01962-07
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies.After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.On 25 July 1967, you enlisted in the Marine Corps at age 19. On 17 November 1970, the separation...
NAVY | BCNR | CY2012 | 04875 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 March 2013. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. On 11 September 1974, you submitted a written request for a good of the service discharge in order to avoid trial by court-martial for the 449 days of UA.
NAVY | BCNR | CY2002 | 00951-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 July 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. administrative or disciplinary action was taken for these periods of UA. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2012 | 04095-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered: your application on 12 March 2013. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. when your request for discharge.
NAVY | BCNR | CY2007 | 08741-07
A three-member panel of the Board for Correction of Naval Records, gitting in executive session, considered your application on 5 November 2008. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and ‘policies. As a result, on 28 February 1975, you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial...